women in the past, but he also escaped from prison last time he was convicted and remained at liberty for several years. For this reason alone, he is a very serious flight risk.”
Alex was back on his feet.
“Your Honor, the Assistant District Attorney seems to have conveniently forgotten that my client returned to America voluntarily to serve out his sentence.”
It was Alex who, as a young law graduate who had only just passed his bar exams, negotiated the plea-bargain.
“And why should that outweigh the fact that he fled in the first place?” asked the judge, raising a skeptical eyebrow.
The judge was an old man, close to retirement from the bench. He had seen and heard just about every piece of bullshit that lawyers were capable of throwing at him, and if there were any new tricks to be learned – even from an experienced veteran like Alex – he would have been most surprised.
“Because it’s a more recent event, Your Honor. And in judging a man’s character, the court should give more weight to his recent past than his distant past.
He placed the emphasis on his key words, in the hope of neuro-linguistically “programming” the judge to respond as he wanted.
“You mean the fact that he returned to the United States to serve out his sentence after he escaped?”
“Precisely, Your Honor.”
The judge squirmed with mock-embarrassment and scratched his head.
“Forgive me for pointing out the obvious, Mr. Sedaka, but he could hardly have done it before he escaped.”
The entire courtroom erupted with mirth at the judge’s wisecrack and Alex felt the frustration that goes with knowing that one faces an uphill struggle against a hostile judge – especially when the hostile judge has the law on his side.
The gallery was packed with journalists who had got wind of Claymore’s arrest. They sensed that this was the beginning of another media event, like the O J Simpson trial.
The ADA shook her head.
“Your Honor, if I might just add something at this juncture, there is nothing particularly confidence-inspiring in Mr. Claymore’s return to the United States, after he’d spent several years on the run as a fugitive from justice. He stayed away as long as he could hold out, until he decided that he preferred the comforts of an American prison to the hardships of a Third World dictatorship.”
Alex bristled with anger.
“Your Honor, anyone who thinks a prison is a comfortable place to be, should spend a couple of nights there.”
“I believe,” the judge replied solemnly, “that prison is supposed to be an unpleasant place… so that the inmates won’t want to go back there.”
Again, laughter erupted from the spectators.
“My point, Your Honor,” Alex replied, with growing irritation, “is that the Court should be guided in its judgment by considering the new Elias Claymore, not the old Elias Claymore. His absconding, like his criminal record, belongs to his past .”
“That’s something that the prosecution will no doubt dispute, and something that the jury will have to decide,” said the judge in his world-wary tone. “However, I’m inclined to accept that the defense has a valid point regarding the flight risk. The fact that Mr. Claymore returned to the United States to serve his sentence is a strong point in his favor. Also he does now have roots in the community. On the other hand I must also bear in mind the severity of the alleged crime and the fact that Mr. Claymore has a record for this sort of crime and the fact that he did once escape lawful custody.”
For almost half a minute Alex and the ADA waited in silence while the judge appeared to be considering his options.
“I feel that in this case, the accused’s record of escape outweighs any other factors. Bail is denied.”
Alex was angry.
“In that case my client stands by his right to a speedy trial.”
“That is your right, Mr. Sedaka. I’ll set the prelim fourteen days hence in Court 12.
In general lawyers
Alex was back on his feet.
“Your Honor, the Assistant District Attorney seems to have conveniently forgotten that my client returned to America voluntarily to serve out his sentence.”
It was Alex who, as a young law graduate who had only just passed his bar exams, negotiated the plea-bargain.
“And why should that outweigh the fact that he fled in the first place?” asked the judge, raising a skeptical eyebrow.
The judge was an old man, close to retirement from the bench. He had seen and heard just about every piece of bullshit that lawyers were capable of throwing at him, and if there were any new tricks to be learned – even from an experienced veteran like Alex – he would have been most surprised.
“Because it’s a more recent event, Your Honor. And in judging a man’s character, the court should give more weight to his recent past than his distant past.
He placed the emphasis on his key words, in the hope of neuro-linguistically “programming” the judge to respond as he wanted.
“You mean the fact that he returned to the United States to serve out his sentence after he escaped?”
“Precisely, Your Honor.”
The judge squirmed with mock-embarrassment and scratched his head.
“Forgive me for pointing out the obvious, Mr. Sedaka, but he could hardly have done it before he escaped.”
The entire courtroom erupted with mirth at the judge’s wisecrack and Alex felt the frustration that goes with knowing that one faces an uphill struggle against a hostile judge – especially when the hostile judge has the law on his side.
The gallery was packed with journalists who had got wind of Claymore’s arrest. They sensed that this was the beginning of another media event, like the O J Simpson trial.
The ADA shook her head.
“Your Honor, if I might just add something at this juncture, there is nothing particularly confidence-inspiring in Mr. Claymore’s return to the United States, after he’d spent several years on the run as a fugitive from justice. He stayed away as long as he could hold out, until he decided that he preferred the comforts of an American prison to the hardships of a Third World dictatorship.”
Alex bristled with anger.
“Your Honor, anyone who thinks a prison is a comfortable place to be, should spend a couple of nights there.”
“I believe,” the judge replied solemnly, “that prison is supposed to be an unpleasant place… so that the inmates won’t want to go back there.”
Again, laughter erupted from the spectators.
“My point, Your Honor,” Alex replied, with growing irritation, “is that the Court should be guided in its judgment by considering the new Elias Claymore, not the old Elias Claymore. His absconding, like his criminal record, belongs to his past .”
“That’s something that the prosecution will no doubt dispute, and something that the jury will have to decide,” said the judge in his world-wary tone. “However, I’m inclined to accept that the defense has a valid point regarding the flight risk. The fact that Mr. Claymore returned to the United States to serve his sentence is a strong point in his favor. Also he does now have roots in the community. On the other hand I must also bear in mind the severity of the alleged crime and the fact that Mr. Claymore has a record for this sort of crime and the fact that he did once escape lawful custody.”
For almost half a minute Alex and the ADA waited in silence while the judge appeared to be considering his options.
“I feel that in this case, the accused’s record of escape outweighs any other factors. Bail is denied.”
Alex was angry.
“In that case my client stands by his right to a speedy trial.”
“That is your right, Mr. Sedaka. I’ll set the prelim fourteen days hence in Court 12.
In general lawyers
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